Class notes
Scottish Legal System
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The first lecture notes of SLS
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Scottish Legal System1-Basic elements of the legal system
**secondary rules= rules about rules –
more specifically they govern the primary
rules already set out.
-An act of Parliament(legislation) can
validly override decisions made in the
judicial decision.
- statute can trump judge made law but not
the other way round
-Any decision of the court is void of an act of
law
**not everything said by a judge is binding
as a rule of law, cases are a source of law,
but not everything a judge says is law
**you have to isolate the parts that aren’t
law and have to isolate the parts
Rules for running a court system
People litigate disputes that they can’t
resolve themselves, they go to a court to
get a judge to make a concluding decision to
settle the dispute according to the law. We
need rules to tell the litigants how their
claim before the court will proceed, they
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